Rule 2017 — Examining Transactions Between a Debtor and the Debtor’s Attorney

Fed. R. Bankr. P. 2017

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 2017
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 2017

Text

(a) PAYMENTS OR TRANSFERS TO AN ATTORNEY MADE IN CON-
TEMPLATION OF FILING A PETITION OR BEFORE THE ORDER FOR RE-
LIEF. On a party in interest’s motion, or on its own, the court
may, after notice and a hearing, determine whether a debtor’s di-
rect or indirect payment of money or transfer of property to an
attorney for services rendered or to be rendered was excessive if
it was made:
(1) in contemplation of the filing of a bankruptcy petition by
or against the debtor; or
(2) before the order for relief is entered in an involuntary
case.
(b) PAYMENTS OR TRANSFERS TO AN ATTORNEY MADE AFTER THE
ORDER FOR RELIEF IS ENTERED. On motion of the debtor or the
United States trustee, or on its own, the court may, after notice
and a hearing, determine whether a debtor’s payment of money or
transfer of property—or agreement to pay money or transfer prop-
erty—to an attorney after an order for relief is entered is exces-
sive. It does not matter whether the payment or transfer is made,
or to be made, directly or indirectly, if the payment, transfer, or
agreement is for services related to the case.

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 2, 2024, eff. Dec. 1, 2024.)